S T A T E O F N E W Y O R K
________________________________________________________________________
1519
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ZEBROWSKI, CUSICK, SIMOTAS, WEPRIN, JOHNS,
JAFFEE, ROBERTS, ROBINSON, ROSENTHAL -- Multi-Sponsored by -- M. of A.
ABINANTI, GABRYSZAK, JACOBS, LUPARDO, SALADINO -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to imposing limitations on
political contributions made by text message
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-104 of the election law is amended by adding
three new subdivisions 38, 39 and 40 to read as follows:
38. THE TERM "MOBILE TELEPHONE" SHALL MEAN THE DEVICE USED BY
SUBSCRIBERS AND OTHER USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH
SERVICE.
39. THE TERM "TEXT MESSAGE" MEANS AN ELECTRONIC COMMUNICATION VIA THE
SHORT MESSAGE SERVICE (SMS) THAT MAY ONLY BE SENT AND RECEIVED THROUGH A
MOBILE TELEPHONE.
40. THE TERM "CONNECTION AGGREGATOR" MEANS A THIRD PARTY INTERMEDIARY
BETWEEN THE WIRELESS PROVIDER AND THE POLITICAL COMMITTEE THAT RECEIVES
AND PROCESSES TEXT MESSAGES BY COMMON SHORT CODES (CSCS).
S 2. The election law is amended by adding a new section 14-132 to
read as follows:
S 14-132. POLITICAL CONTRIBUTIONS THROUGH TEXT MESSAGE. 1. THE STATE
BOARD SHALL DEVELOP RULES AND REGULATIONS REGARDING POLITICAL CONTRIB-
UTIONS MADE TO CAMPAIGNS THROUGH TEXT MESSAGE BY DECEMBER THIRTY-FIRST,
TWO THOUSAND THIRTEEN. THE RULES REGARDING CONTRIBUTIONS RECEIVED
THROUGH TEXT MESSAGE MUST INCLUDE PROVISIONS THAT AFTER A CONTRIBUTOR
HAS SENT IN A CONTRIBUTION THROUGH TEXT MESSAGE, THE CONNECTION AGGREGA-
TOR IS REQUIRED TO SEND AN OPT-IN DISCLOSURE NOTICE TO THE CONTRIBUTOR
THAT MUST BE AFFIRMATIVELY RESPONDED TO BY THE CONTRIBUTOR WITH THE TEXT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00426-02-3
A. 1519 2
"YES" TO COMPLETE THE TRANSACTION. THE OPT-IN DISCLOSURE NOTICE MUST ASK
THE CONTRIBUTOR TO AFFIRMATIVELY AGREE WITH THE FOLLOWING STATEMENTS:
A. I AM A UNITED STATES CITIZEN OR LAWFULLY PERMANENT RESIDENT OF THE
UNITED STATES;
B. THIS CONTRIBUTION IS MADE FROM MYSELF AS AN INDIVIDUAL AND IS NOT
MADE FROM FUNDS FROM A CORPORATION, LABOR ORGANIZATION, BANK, POLITICAL
ACTION COMMITTEE OR AN INDIVIDUAL REGISTERED AS A FEDERAL OR NEW YORK
STATE LOBBYIST.
2. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO CONTRIBUTIONS TO
CANDIDATES, AUTHORIZED POLITICAL COMMITTEES, CONSTITUTED COMMITTEES,
PARTY COMMITTEES, ALL PARTY AND CONSTITUTED HOUSEKEEPING COMMITTEES AND
POLITICAL ACTION COMMITTEES THAT ARE SENT FROM A MOBILE TELEPHONE VIA
TEXT MESSAGE. ALL CONTRIBUTIONS RECEIVED THROUGH TEXT MESSAGE SHALL BE
EXEMPT FROM RECORD KEEPING AND DISCLOSURE FILING REQUIREMENTS PURSUANT
TO SECTION 14-104 OF THIS ARTICLE.
3. A POLITICAL COMMITTEE MAY ENTER INTO AN AGREEMENT WITH THE
CONNECTION AGGREGATOR ON TERMS THAT ARE CONSISTENT WITH THE ORDINARY
COURSE OF BUSINESS.
4. A POLITICAL COMMITTEE MUST RECEIVE ALL TEXT MESSAGE CONTRIBUTIONS
THROUGH A SINGLE COMMON SHORT CODE (CSC) PER CAMPAIGN CYCLE.
S 3. Section 14-114 of the election law is amended by adding a new
subdivision 11 to read as follows:
11. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ANY CONTRIB-
UTION THAT IS MADE BY MOBILE TELEPHONE VIA TEXT MESSAGE SHALL NOT EXCEED
TEN DOLLARS. AN INDIVIDUAL MAY NOT MAKE MORE THAN NINE CONTRIBUTIONS
THROUGH TEXT MESSAGE TO A GIVEN POLITICAL COMMITTEE IN A CAMPAIGN CYCLE.
S 4. This act shall take effect immediately.